HomeMy WebLinkAboutRES2023-119 4JBC Land Sale PH1
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Sponsored by: Sorensen
CITY OF SEWARD, ALASKA
RESOLUTION 2023-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
EXECUTE THE PURCHASE AND SALE AGREEMENT AND RELATED
DOCUMENTS WITH 4JBC, LLC FOR THE SALE OF 18,432 SQUARE
FEET OF LOT 2 BLOCK 4, FOURTH OF JULY CREEK SUBDIVISION IN
THE SEWARD MARINE INDUSTRIAL CENTER, PLAT NO. 2015-14 IN
THE SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT,
STATE OF ALASKA IN THE AMOUNT OF $65,000.00
WHEREAS, 4JBC, LLC (Patrick Marrs) currently owns Lot IA Block 4, Fourth of July
Creek Subdivision in the Seward Marine Industrial Center, Plat No. 2015-14 in the Seward
Recording District, Third Judicial District, State of Alaska; and
WHEREAS, on September 10, 2020 council approved a new lease (2020-075) with 4JBC,
LLC for Lot 2 Block 4, Fourth of July Creek Subdivision in the Seward Marine Industrial Center
(SMIC), Plat No. 2015-14 in the Seward Recording District, Third Judicial District, State of Alaska
("Lease Agreement"); and
WHEREAS, on July 10, 2023, the city received a request from 4JBC, LLC to purchase
Lot 2 Block 4, Fourth of July Creek Subdivision in the Seward Marine Industrial Center, Plat No.
2015-14 in the Seward Recording District, Third Judicial District, State of Alaska; and
WHEREAS, 4JBC, LLC request to purchase this property so he can develop the property
into warehousing for incoming or outgoing marine related businesses located at SMIC; and
WHEREAS, the City Council of the City of Seward, Alaska, has repeatedly determined
that economic development of the City of Seward is in the public interest; and
WHEREAS, the need for retail buildings and office space that supports the marine
orientated businesses has been lacking at SMIC; and
WHEREAS, the City of Seward recognizes the new retail businesses will bring
professional services to Seward; and
WHEREAS, the City of Seward currently owns property, legally described as: Lot 2
Block 4, Fourth of July Creek Subdivision in the Seward Marine Industrial Center (SMIC), Plat
No. 2015-14 in the Seward Recording District, Third Judicial District, State of Alaska with the
Physical Addresses of: 208 Nash Road; ("the Property"); and
WHEREAS, Seward City Code 7.05.120 states City Council may acquire or dispose of
an interest in real property by negotiation, public auction, or sealed bid; and
CITY OF SEWARD, ALASKA
RESOLUTION 2023-119
Page 2 of 3
WHEREAS, the city requested an appraisal of a
appraised value of $65,000.00; and
WHEREAS, Mr. Marrs had Seward Properties
assessed lands actual value at $65,000; and
WHEREAS, following negotiations, Mr. Marrs
$65,000; and
Lot 2 Block 4, which came in with a
assess the land and determined the
agreed to purchase the property for
WHEREAS, this is accepted as fair market value of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Council finds it is in the public's interest to enter into a purchase and
sale agreement with 4JBC, LLC by sole source negotiation pursuant Seward City Code 7.05.120,
with the essential terms and conditions in the attached Purchase and Sale Agreement.
Section 2. The attached Purchase and Sale Agreement marked as Exhibit A, is hereby
approved and the City Manager is hereby authorized to execute the Purchase and Sale Agreement
in substantial form as attached hereto and to make such corrections and execute related documents
as may be necessary to fulfill the intent of this resolution on behalf of the City of Seward.
Section 3. Pursuant to Section 2 of the attached Purchase and Sale Agreement and Article
32 of the Lease Agreement, the Lease Agreement 20-075 is hereby terminated.
Section 4. This resolution shall take effect immediately.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
13th day of November 2023.
THE CITY OF SEWARD, ALASKA
StuitlYIFCALLp
Sue McClure, Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION 2023-119
Page 3 of 3
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Osenga, Calhoon, Finch, Barnwell, Crites, Wells, Mayor McClure
None
None
None
/4./
Kris Peck. City Clerk
(City Seal)
City Council Agenda Statement
Meeting Date: November 13, 2023
To: City Council
Through: Kat Sorensen, City Manager
From: Norm Regis, Harbormaster
Subject:
Resolution 2023-119: Authorizing the City Manager to Enter into and
Execute the Purchase and Sale Agreement with 4JBC, LLC for the Sale of
18,432 square feet of Lot 2 Block 4, Fourth of July Subdivision, Seward
Marine industrial Center, Kenai Peninsula Borough, Raibow Replat, Plat
No. 2015-14 Seward Recording District, Third Judicial District, State of
Alaska in the Amount of $65,000
Background and justification:
4JBC, LLC (Patrick Marrs) currently owns Lot IA Block 4, Fourth of July Creek Subdivision in
the Seward Marine Industrial Center, Plat No. 2015-14 in the Seward Recording District, Third
Judicial District, State of Alaska, which is just south of his lease property.
On September 10, 2020, council approved a new lease (2020-075) with 4JBC, LLC for Lot 2 Block
4, Fourth of July Creek Subdivision in the Seward Marine Industrial Center, Raibow Replat, Plat
No. 2015-14 in the Seward Recording District, Third Judicial District, State of Alaska ("Lease
Agreement").
On July 10, 2023, the city received a request from 4JBC, LLC to purchase Lot 2 Block 4, Fourth
of July Creek Subdivision in the Seward Marine Industrial Center, Raibow Replat, Plat No. 2015-
14 in the Seward Recording District, Third Judicial District, State of Alaska
4JBC, LLC request to purchase this property so he can develop the property into warehousing for
incoming or outgoing marine related businesses.
Seward City Code 7.05.120 (a) states the City shall not sell any real property interest without first
making an appraisal of the fair market value of that interest, unless the City Council finds that the
public interest will not be served by an appraisal.
The city requested an appraisal of Lot 2 Block 4 in 2023, which came in with a value of $65,000.00.
Following negotiations, Mr. Marrs agreed (see the signed Purchase and Sale Agreement) to
purchase the property for $65,000.
Resolution 2023-XXX approves the Purchase and Sale Agreement, terminates the Lease
Agreement 20-075 between 4JBC, LLC and the City, and authorizes the City Manager to execute
the Purchase and Sale Agreement in substantial form and to make corrections and execute related
documents as may be necessary to fulfill the intent of the resolution on behalf of the City of
Seward
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.1.1 Attract new business and industry to the greater Seward area
3.2.1 Promote residential and commercial development within the city
of Seward and its vicinity in accordance with community values.
Strategic Plan:
Other:
Economic Base:
We are a community that promotes. economic diversity, encourages
growth of year-round businesses, desires environmentally responsible
industry, and seeks jobs that promote a higher standard of living.
Growth Management and Land Use Planning:
We have an attractive community in which to live, work, be educated
and recreate, where growth is orderly and driven by community
consensus. Growth and land use planning are coordinated through the
collaboration of private and public entities. We promote and facilitate
balanced development.
Certification of Funds
Total amount of funds listed in this legislation: $ 65,000.00
This legislation (✓):
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
$ 65,000.00
Fund Balance Information
Affected Fund (✓):12000-2501-XXXX
General
Boat Harbor
Motor Pool
Available Fund Balance
SMIC
Parking
Other
Electric
Water
Wastewater
Healthcare
Note: amounts are unaudited
Finance Director Signature:
Attorney Review
Attorney
Signature:
Not Comments:
applicable
Yes
Administration Recommendation
Adopt AM
Other:
REAL PROPERTY PURCHASE AND SALE AGREEMENT BETWEEN
4JBC, LLC AND T}W CITY OF SEWARD, AK
This Exchange Agreement (hereinafter, the "Agreement") is made as of !G0 hr 13, 2023
between the 4JBC, LLC (hereinafter, "4JBC"), and the City of Seward (hereinafter, the "City"),
AK, organized as a first-class home -rule municipality under the laws of the State of Alaska
(collectively hereinafter, the "Parties").
The Parties agree as follows:
1. Purchase and Sale.
Subject to the terms and conditions of this Agreement, the City agrees to sell and 4JBC agrees to
purchase the real property described as follows along with all improvement located thereon
(hereinafter, the "Property"):
Lot 2, Block 4, FOURTH OF JULY CREEK SUBDIVISION, SEWARD
MARINE INDUSTRIAL CENTER, RALBOW REPLAT, Plat No. 2015-14,
records of the Seward Recording District, Third Judicial District, State of
Alaska.
Also known as 208 Nash Road, Seward AK 99835, Parcel ID: 14534056 subject only to the
"Permitted Exceptions" as defined in Section 5 below.
2. Purchase Price and Payment Terms.
The purchase price for the Property shall be sixty-five thousand dollars ($65,000.00). 4JBC will
pay a deposit of one thousand, three hundred dollars ($1,300.00) (hereinafter, the "Earnest Money"
or "Deposit") to the Escrow Agent described with 4JBC's delivery of this signed Agreement to
the City. After all other terms and conditions of this Agreement have been satisfied, including
completion of all contingencies in Section 8 to 4JBC`s sole satisfaction, the balance of the purchase
price shall be due to the City at Closing. Under the municipal charter and code of ordinances of
the City, the City resolution required to approve this Agreement will be effective 30 days
following adoption of such resolution, except as provided in Section 3.
Currently 4JBC has approximately 17 years remaining on a leasehold interest in the Property
pursuant to an agreement signed in October 2020 ("Lease"). 4JBC and the City agree to terminate
the Lease as part of this Agreement. No value will be given for the mutual termination of the Lease.
3. Referendum.
Under the charter and code of Seller, the resolution approving this Agreement may be subject to a
referendum and the sale approval may be voided. Nothing in this Agreement shall affect or reduce
the rights of the voters of the City of Seward to reject the City Councils approval of this Agreement
by referendum. In the event a referendum petition is timely filed and accepted, the City shall
provide written notice of acceptance to 4JBC at the time the petition is accepted. In such event,
City and 4JBC Purchase and Sale Agreement Page 1 of 10
4JBC agrees that it shall have no rights under this Agreement unless and until a resolution is
approved by the voters of the City of Seward. Based on the burden and delay inherent in a
referendum, 4JBC shall have the option of canceling this Agreement by providing written
notice to the City no later than thirty (30) days after the Referendum petition is approved, with the
City returning 4JBC's Earnest Money and prompt reimbursement by the City of all of 4JBC's
reasonable, third -party costs actually incurred by 4JBC in connection with the subdivision and
replat, if a referendum petition is approved. 4JBC shall not be entitled to any damages or other
relief against the City in the event the voters void the Council's resolution. If the resolution
approving this Agreement is voided by such referendum action, this Agreement shall terminate,
the Deposit shall be promptly returned to 4JBC, and platting costs returned, within ten (10) days
of the formal certification of the referendum vote, and neither party shall have any further
obligation hereunder.
4. Prorations and Adjustments.
A. Citv Responsibilities.
On the basis that the City is the owner of the Property on the Closing date, the City shall be
responsible to 4JBC on a prorated and adjusted basis for the following:
(1) Real property taxes and current installments of special assessments for the
current tax year.
(2) The City shall pay any and all transfer taxes and fees, sales taxes and
revenue stamps in connection with the consummation of the transactions contemplated
by this Agreement, which it owes.
B. 4JBC Responsibilities.
On the basis that 4JBC is currently leasing the Property and will be on the Closing date, 4JBC
shall be responsible to the City on a prorated and adjusted basis for the following:
(1) Real property taxes and installments of special assessments for the
remainder of the current tax year.
C. 4JBC and City Responsibilities.
(1) The Parties shall have 14 days from the execution of this contract to
procure clear title insurance with all exceptions, defects, and encumbrances discharged
on the closing date. If a Party is unable to correct the defects and encumbrances, the
other Party may elect, at its own option, either to accept title subject to the defects and
encumbrances which are not cured or to terminate this Agreement, whereupon all
funds deposited into escrow shall be returned to the buyer. If after 14 days, a Party is
unable to release this contingency then both Parties may mutually agree to extend the
contingency period, or the other Party may terminate the Agreement. If neither Party
acts during this 14-day period, then the contingency will continue until such time as
the Party removes the contingency or one of the Parties terminated this Agreement. If
the Party terminates this Agreement under this provision, then all remaining Party
City and 4JBC Purchase and Sale Agreement Page 2 of 10
escrow funds will be returned to the Parties. If during this period the removing of any
title insurance policy exception is beyond the capability of either Party, then either
Party may terminate this Agreement.
(2) This action is contingent on the Parties' ability to review the closing
documents in advance of deed recordings. Closing documents include Parties' closing
statements and the prepared final deed.
5. Representations and Warranties.
A. Title.
The City will deliver to 4JBC, at 4JBC's expense, within fourteen (14) days of mutual execution
of this Agreement a commitment for title insurance (hereinafter, the "Preliminary Commitment")
preliminary to the issuance of the title policy referred to in Section 6 of this Agreement, together
with copies of all underlying exceptions described in the Preliminary Commitment. The
Property is to be sold and conveyed subject to: (a) the condition that title to the Property is vested
solely in the City and in the City's name prior to closing, and (b) reservations, restrictions and
easements as disclosed in the Preliminary Commitment and approved by 4JBC. 4JBC shall be
entitled to object to any exceptions stated in the Preliminary Commitment by delivering written
notice to the City and Escrow Agent on or before fifteen (15) days after the receipt of the
Preliminary Commitment, supplemented with the copies of the underlying exceptions described
therein, which notice shall specify the matters to which 4JBC objects. If 4JBC objects to any
such matters, the City shall have fifteen (15) days after receiving written notice from 4JBC to
attempt to eliminate the matters to which 4JBC has objected or to cause Escrow Agent to insure
over said matters. The City shall notify 4JBC in writing, within the fifteen (15) day period if the
City is unable or unwilling to eliminate said matters or cause Escrow Agent to insure over said
matters. 4JBC may then elect, by written notice to the City and Escrow Agent, either to waive
the objectionable matters and proceed to Closing or to terminate this Agreement and receive a
refund of the Deposit, and the parties shall have no further obligations to each other under this
Agreement.
Permitted Exceptions: Notwithstanding the immediately preceding paragraph, 4JBC may not
object to any of the following title matters: reserved mineral rights; rights reserved to federal and
state patents; ; real property taxes or assessments due after closing; any adverse claim based upon
the assertion that some portion of said land is tide or submerged land, or has been created by
artificial means or has accreted to such portion so created; any preference rights which may exist
under the Alaska Land Act or terms, provisions and reservations under the Submerged Lands Act
and the enabling act (Public Law 85-508, 72 Stat. 339); any prohibition or limitation on the use,
occupancy or improvements of the land resulting from the right of the public or riparian owners to
use any waters which my cover the land or to use any portion of the land which is now or may
formerly have been covered by water. All items to which 4JBC does not object under the
immediately preceding paragraph, plus all items described in this paragraph, are referred to herein
as "Permitted Exceptions."
B. Dama2e or Destruction.
City and 4JBC Purchase and Sale Agreement Page 3 of 10
The Parties agree that, in the event that the Property is destroyed or materially damaged prior to
the Closing Date, the Escrow money shall be returned to the Parties and this Agreement is
terminated, unless the Parties agree otherwise in writing.
C. Use and Operation of the Property.
The Parties represent and warrant to that, as of the Effective Date of this Agreement through the
Closing Date, the Properties will be used, operated and managed by the Parties in a manner
consistent with the way the Property is currently being used, operated and managed. A Party will
not execute or modify any existing lease or other agreement regarding the Property, without first
obtaining the written consent of the other Party.
D. Attorney's fees.
Should any dispute arise between the Parties hereto or their legal representatives, successors and
assigns concerning any provision of this Agreement, the Party prevailing in such dispute shall be
entitled, in addition to such other relief that may be granted, to recover reasonable attorney's fees
and legal costs in connection with such dispute as determined by the judgement or award of any
court or tribunal of competent jurisdiction.
E. Escrow Money Disposition.
If either Party is in default or breach, escrow money may not be released or paid to a Party unless
the Parties sign a Termination of Agreement to Purchase with Release of Escrow Money
Addendum. If a dispute arises, prior to release or payment of the Escrow money, the title company
holding the escrow money shall retain the money until one of the following occurs:
(1) A written release is executed by the Parties agreeing to disbursement of
the escrow money, OR
(2) Legal action is filed regarding the Agreement or release and distribution
of the escrow money, at which time the escrow money shall be deposited with the
Court Clerk where the legal action is filed, OR
(3) Ninety (90) days have passed since the effective date of the Termination
of this Agreement and the Parties have not exercised options (1) or (2) at which point
the escrow funds will be released back to the Buyer,
6. Terms and Conditions.
A. Inspection.
4JBC is currently leasing the Property and has knowledge of the condition of the property based
on occupancy and past use under the Lease. 4JBC, its agents and contractors, may conduct such
tests and inspections of the Property as 4JBC deems appropriate; provided, however, 4JBC shall
give the City reasonable notice of 4JBC's intention to conduct such tests and inspections of the
Property. If 4JBC reasonably determines from the inspections or testing that any condition of the
Property does not meet 4JBC's satisfaction, and that condition does not stem from its own
negligence or use of the Property under the Parties' Lease, 4JBC shall have the right within sixty
(60) days after the effective date of this Agreement to object to such matter by delivering written
City and 4JBC Purchase and Sale Agreement Page 4 of 10
notice to the City specifying the matters to which 4JBC objects. To the extent that any objection
is curable, the City shall have thirty (30) days after receipt of the written notice to cure the
deficiency, at the City `s expense and to 4JBC's satisfaction or negotiate an acceptable resolution
with 4JBC. Unless 4JBC has agreed to proceed as a result of the City's cure or other agreed -upon
resolution, 4JBC may elect, by written notice to the City, to waive the objectionable matter and
proceed to Closing, negotiate a different, written resolution with the City, or to terminate this
Agreement. If this Agreement is terminated by 4JBC pursuant to this paragraph, the Deposit shall
be returned to 4JBC and the parties shall have no further obligation to each other under this
Agreement.
B. Property Condition.
As Is, Where Is Sale, Release and Indemnification.
The City sells and 4JBC buys the Property hereunder "as is" and "where is." The City shall have no
liability or responsibility to 4JBC whatsoever for any violations of any law, regulation, building
code, ordinance or other legal requirement of any kind whatsoever applicable to the property as
may be discovered at any time, including but not limited to material (or non -material) Hazardous
Substances contamination, violations of building or safety codes, latent defects, deterioration or
problems or liabilities of any kind.
Neither the City, nor any of its officers, directors, employees, agents, attorneys, or representatives
have previously nor does under this Agreement make any representations or warranties.
All inspection obligations rest with 4JBC. 4JBC acknowledges that notwithstanding any prior or
contemporaneous oral or written representations, statements, documents or understandings, this
agreement constitutes the entire understanding of the parties with respect to the subject matter
hereof, and supersedes all such prior or contemporaneous oral or written representations,
statements, documents or written agreement and shall remain unaffected by any representations,
statements or understandings subsequent to the date hereof which shall not be represented by a
mutually executed amendment to this Agreement.
C. Items included in this Sale.
All existing fixtures and fittings that are attached to the property.
D. Deed.
Title to the Property shall be conveyed to 4JBC by a quitclaim deed (hereinafter, the "Deed")
duly executed by the City and recorded at the Closing. The Deed shall be in the form and content
acceptable to the City and 4JBC.
7. Closing.
A. Closing Costs.
All Closing costs of the transaction, unless otherwise provided in this Agreement, shall be
divided as follows:
City and 4JBC Purchase and Sale Agreement Page 5 of 10
Seller shall pay the following Closing costs:
a. Any outstanding or pending assessments or liens
b. Seller's attorney fees and costs
c. Real Property taxes will be prorated to date of closing and if applicable, paid
through escrow
Purchaser shall pay the following Closing costs:
a. All recording fees
b. All document preparation fees
c. All escrow closing fees
d. Owner's standard coverage title insurance described herein (Required)
e. Any ALTA title insurance policies desired by Purchaser (Optional)
f. All Purchaser's attorney fees and costs
g. All appraisals, commitment fees, points, and financing costs
h. Real Property taxes will be prorated to date of closing and, if applicable, paid
through escrow
i All costs not otherwise specified but related to this transaction and not otherwise
agreed to be paid by the Seller
Notwithstanding the above, if the Escrow fails to close due to the default of one party, the
defaulting party shall pay any escrow and title policy cancellation fees.
From the date of mutual acceptance of this Agreement until Closing, the City agrees to maintain
the Property in its present condition.
B. City's Conditions Precedent.
The Parties acknowledge that the City's obligation to close on the purchase of the Property shall
be subject to the following:
(1) Receipt of approval by 4JBC of 4JBC's inspection of the Property not
revealing any basis upon which 4JBC timely terminates this Agreement as provided in
Section 6.
(2) Approval of this Agreement by the Seward City Council, and, if a
timely referendum petition is filed, approval by voters in a referendum election.
(3) No litigation or other claim which has any probability or reasonable
likelihood of success, challenges or controverts 4JBC's action to acquire the Property.
(4) 4JBC to pay all amounts required by this Agreement.
C. Closing Date
Closing shall occur within 60 days from Council approval of the Agreement unless a
referendum application has been filed in which case the time for Closing will be extended
until 30 days after certification of the Referendum election.
City and 4,IBC Purchase and Sale Agreement Page 6 of I0
8, Miscellaneous.
A. Remedies.
(1) If 4JBC (a) fails, without legal excuse, to complete the purchase of the
Property, or (b) otherwise defaults under this Agreement, the City shall be entitled to
retain the $1,300.00 deposited by 4JBC with the Escrow Agent pursuant to Section 2
above, and such retention by the City of this Deposit shall be the sole and exclusive
remedy available to the City for such failure or default by 4JBC; unless specifically
provided otherwise herein.
(2) If the City fails, without legal excuse, to complete the sale of the Property,
then the Deposit shall be returned to 4JBC. The City's return of the $1,300.00 Deposit
to 4JBC, shall be the sole and exclusive remedy available to 4JBC for such failure or
default by the City.
B. Costs and Fees.
If either party institutes suit concerning this Agreement, the prevailing party shall be entitled to
its reasonable attorneys' fees and costs.
C. Waiver.
No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the
City or 4JBC of a breach of any covenant of this Agreement shall be construed as a waiver of any
preceding or succeeding breach of the same or any other covenant or condition of this Agreement.
D. Assignment.
This Agreement is binding on the heirs, successors, and assigns of the parties, but shall not be
voluntarily assigned by either party without prior written consent of the other party, which consent
shall not be unreasonably withheld.
E. Commissions.
Each party represents and warrants to the other that it has not engaged the services of any broker,
finder or other person who would be entitled to any commission or fee in respect to the subject
matter of this Agreement and each shall indemnify the other against any loss, cost, liability or
expense incurred by the other as a result of any claim asserted by any such broker, finder or other
person on the basis of any brokerage or similar arrangement or agreement made or alleged to have
been made.
P. Notices.
No notice, consent, approval or other communication provided for herein or given in connection
with this Agreement shall be validly given, made, delivered or served unless it is in writing and
delivered personally, sent by overnight courier or sent by registered or certified United States mail,
postage prepaid, with return receipt requested to:
City and 4JBC Purchase and Sale Agreement Page 7 of 10
Seller:
City of Seward
Attn: City Manager
P.O. Box 167
Seward, Alaska 99664
4JBC: Patrick Marrs
PO BOX 1947,
SEWARD, AK 99664
or to such other addresses as either party may from time to time designate in writing and deliver
in a like manner to the other party. Notices, consent, approvals, and communications given by mail
shall be deemed delivered upon the earlier of three days after deposit in the United States mail in the
manner provided above or immediately upon delivery to the respective addresses set forth above,
if delivered personally or sent by overnight courier.
G. Entire Agreement.
This document and its attachments contain the entire Agreement between the parties. It may not
be modified except in writing and signed by all parties.
H. Construction of Agreement.
The captions of the paragraphs of this Agreement are for convenience only and shall not govern
or influence the interpretation hereof. This Agreement is the result of negotiations between the
parties and, accordingly, shall not be construed for or against either party regardless of which party
drafted this Agreement or any portion thereof.
I. Surviving Covenants.
The provisions of this Agreement shall survive the delivery of the Deed.
J. Time is of the Essence.
Time is of the essence of this Agreement.
K. Exclusive Agreement.
This Agreement shall constitute an exclusive arrangement between the parties. The City shall not
market, sell, negotiate for the sale of, or convey the Property to any other person, provided that
4JBC has not delivered notice that it will not close due to an unsatisfied condition.
L. Controlling Law and Venue.
This Agreement shall be governed by, construed under and enforced in accordance with and
governed in all respects by applicable federal law, in addition to the laws of the State of Alaska,
and venue for actions between the parties arising out of or related to this Agreement shall be in the
Alaska Superior Court, Third Judicial District, Anchorage, Alaska.
M. Further Assurances.
Whenever requested to do so by the other party, the City or 4JBC promptly and expeditiously shall
execute, acknowledge and deliver any and all such conveyances, assignments, confirmations,
satisfactions, releases, instruments of further assurance, approvals, consents and any and all Further
City and =I1RC Purchase and Sale Agreement Page 8 of 10
instruments and documents as may be reasonably necessary, expedient, or proper in order to
complete any and all conveyances, transfers, sales, and assignments herein provided, and to do any
and all other reasonable acts and to execute, acknowledge and deliver any and all documents as so
reasonably requested in order to carry out the intent and purpose of this Agreement, including but
not limited to subdividing and platting the tract containing the Property and the parcel to be the
Property.
N. Miscellaneous.
(1) By entering into this Agreement, the Parties represent that they are
legally capable of transferring the property rights at issue from the State of Alaska to
the 4JBC, and vice versa.
(2) All documents and addendums signed by the Parties that are referred in
this Agreement, attached to this Agreement, or specifically referenced or labeled as
part of this Agreement, shall be incorporated in and be a part of this Agreement.
(3) It is mutually understood and agreed that this contract shall not be
assigned in whole or in part without the consent in writing of the Parties.
O. Possession.
4JBC shall receive possession of the Property at the closing and recording of the quitclaim deed.
The leasehold agreement between 4JBC and the City for the Premises as referenced in Section 2
shall terminate upon closing. The execution of this Agreement constitutes proper notice to both
parties to vacate the Leased Premises under the terms of Lease and related lease agreement upon
termination.
Executed this day of _, 2023
City and 4JBC Purchase and Sale Agreement Page 9 of 10
CITY OF SEWARD
Buyer:
4JBC, LLC
State of Alaska )
Judicial District )
City of Ae7-0 )
Tt-LDL
Patrick Marrs
Manager, Member
The foregoing instrument was acknowledged before me this 42 3 of ekTb7X-22023 by
Patrick Marrs, Manager, on behalf of the 4JBC.
..,A 3, 1-11/z., 11/5, /L)—
(Seal)t.,,!� Notary Signature
NOTARY : F.?.My Commission Expires: y y� Z
• PUBLIC
Seller: ✓•' 4TE OF ASP
%/ll1i1111111jo`
Kat Sorenson, City Manager
State of Alaska )
Judicial District )
Municipality of )
The foregoing instrument was acknowledged before me this this of
Kat Sorenson, City Manager Seward, Alaska, on behalf of the City of Seward.
, 2023 by
(Seal) Notary Signature
My Commission Expires:
City and 4JBC Purchase and Sale Agreement Page 10 of 10
Geographic Information Systems
144 North Binkley Street, Soldotna, Alaska 99669
MUSTANG AVE
Marrs Request to Purchase
MORRIS A.VF
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DATE PRINTED: 7/17/2023
Legend
• Mileposts
KPB Boundary
Place Names
• Towns and Villages
• City
- Highways
- Major Roads
Roads
— Town Medium Volume
— Town Low/Seasonal; Other
Proposed
Tax Parcels
Notes
Lot 2 Blk 4
T 1 N
NOTES
1 Easements on Plat 97-27 were not fully dimensioned,
locations shown hereon are approximate.
2 No permanent structure may be constructed or placed
within a utility easement which would interfere with the
ability of a Utility to use the easement.
3 Lots within this subdivision may be located within a
designated flood hazard area; if such is the case,
development must comply with Title 15 of the City
of Seward's Charter and Code of Laws. A survey to
determine the elevation of the property may be
required prior to construction.
4 Tract A3 is a service road access and utility
easement. Access restricted to Lessees, City of
Seward, and other authorized personnel.
5 This subdivision is subject to the City of Seward's
Zoning and Building Code regulations.
6 This Plat was granted exceptions to KPB 20.30.170 (Block
Length) and KPB 20.30.210 (Lots -Access to dedicated
Street) by the KPB Plat Committee at the meeting of
May 11, 2015.
7 The 100' Utility and Access Easement being granted
within Lot 3, Block 4 by this plat will be administered
by the City of Seward. The Kenai Peninsula Borough
accepts no responsibility for the maintenance or
administration of this easement.
Certificate of Acceptance
The undersigned official identified by name and title is
authorized to accept and hereby accepts on behalf of
The City of Seward for public uses and for public purposes
the real property to be dedicated by this plat including
easements, rights -of -way, alleys, and other public areas
shown on this plat identified as follows:
The 100' Utility and Access Easement within Lot 3, Block 4
The acceptance of lands for public use or public purpose
does not obligate the public or any governing body to
construct, operate, or maintain improvements.
JAME UNT, CITY MANAGER
CITY QF SEWARD
Date:1-
BLOCK 7
1
NASH ROAD
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ATS 1222
RP2
COR 3
/
BLOCK 2
BLOCK 70
4
3
5
BLOCK 3
2
0
BLOCK 5
(N00°34'13"W 545.06)
N00 34'12"W 545.06'
TRA C T A3 (N00°34'13"W 60')
N00 30 57 W
(60')
TRACT A3 (Mustang Ave)
N
r r
N
0
Ww
73)
CNI
N (O
Z00
10' UTILITY EASEMENT
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CUR VE DATA
(60')
0
LITY EASEMENT
NOO 39'40"W
®r 160.21
LOT 3
576770 SQ. FT.
BLOCK 4
WZ
W
[N00°36'07"W 200.00'] o
SOO 35'48 "E 199.99' 44a, $
5' UTILITY EASEMENT
00 DO O
�; LOT 2 NN
18442 SQ. FT. a,
Zz
/ SOO °35'48 "E
[N00°36'07"W 160.28']
5' UTILITY EASEMENT
CURVE
RADIUS
LENGTH
DELTA
CHORD
1
(169.99'
43.84'
14 °46'33"
S55 °38'58 "E
43.72)
2
(50.00'
61.55'
70 °31 '47"
512 59'48 "E
57.74)
3
(50.00'
95.53'
109 28'13"
532 28'01 "E
81.65)
4
(169.70'
81.95'
27 40'10"
S76 52'20"E
81.16')
LOT 1A
TRACT A3
Lri La
� u
Exis tin g
Building
10 UTILITY EASEMENT
1
SOO °35'48 "E 184.75'
[N00°36'07"W 184.89']
(Nash Road)
BLOCK 9
PLAT APPROVAL
60.00'
TRACT A3 (Morris Ave)
(Olga St)
BLOCK 6
BASIS OF BEARING PLAT 2014-17
'N00°34'12"W 1018.51)
<10' UTILITY EASEMENT>
r,r
0
0
0
L
393.00
LOT 4D
6687 0 SQ. FT.
i N89 26'16 "E
1
co
(60')
This plat was approved by the Kenai Peninsula
Borough Planning Commission at the meeting
of: /14 /, 20/5
Borough OfG
WASTEWA TER DISPOSAL
Plans for wastewater disposal, that meet regulatory
requirements are on file at the Department of
Environmental Conservation.
10
cci
ea
_L
z
w
w
01572
SOO 34'12"E 393.00'
BLOCK 7
0
10' UTILITY EASEMENT
2
3
0
625.51'
LOT 4A-1
418983 SQ. FT.
co
10
50' 0\O\\Sy Easement
<5' UTILITY EASEMENT>--
(S00 33'44 "E 182.30)]'
LOT 4B
7
LOT2
(S00 34'30"E 595.67')
LOT 4C
LOT 3
TRACT A3 (Sorrel Rd)
LOT 1—A
SURVEYOR'S CER T/FICA TE
I hereby certify that l am properly registered and licensed
to practice land surveying in the State of Alaska, this plat
represents a survey made by me or under my direct supervision,
the monuments shown hereon actually exist as described, and
all dimensions and other details are correct to the normal
standards of practice of land surveyors in the State of Alaska.
DATE
®®o -lc.:PIF.,.g4I.gs®j•
• 49th
;Wm. NI HOLAS CLINE: �o
•
.® s�.�. N o. 7569 Jam,
®®♦f,KR°FESSIONP� ...................................
♦!+•
0
N
rn
co
<5' UTILITY EASEMENT>
/
(60)
w
10
N
0
co
Plat #
Seward,
Rec Dist
/25
Date
Time 3' 15
20 15
M
LEGEND
Found 2 3/4" Al. Cap Monument
ATS 1222, 4609-S, 1982
Found Rebar & Pl. Cap LS 7569
Found Rebar & Al. Cap LS 5152
• Found 5/8" Rebar
Set 5/8x24" Rebar & Plastic Cap
Stamped LS 7569
Measured This Survey
Record & Measured per Plat
2014-17, Seward Rec. District
Record Data per Plat 97-27
Seward Recording District
Record Data per Plat 2000-6
Seward Recording Dis trio t
<UTILITY EASEMENT> Existing Easement per Plat 2002-22
uv\\\k.yGsemer-A Exisitng Easement per Plat 97-27
UTILITY EASEMENT Easement granted by this plat
SOO 35'48' E
(S00 35'48 "E)
(545.06)
[200.00']
UNSUBDI VIDED
00
00
00
O
z
00
This
Plat
19
5
Seward City
8
17
T 1 S
Limits
Seward City Limits
20
4
9
16
0
o_
0
3
VICINITY MAP 1 "= 1 MILE
CERTIFICATE OF OWNERSHIP AND DEDICA TION
l hereby certify that we are the owner of the real property
shown and described hereon and that we hereby adopt this plan
of subdivision, and grant all easements by our free consent.
JAMES/h-fUNT, CITY MANAGER
CITY SEWARD
P0. BOX 167
SEWARD, AK 99664
NOTARY'S A CKNOWLEDGMEN T
FOR Ci.vhe3
ACKNOWLEDGED BEFORE ME THIS
DAY OF -31�.1
r
, 20 L5
Li 0 • UM A.U912 ` tr
Nt' ARY FOR ALASKA MY COMMISSION EXPIRES
Notary Public
JACKIE C. WILDE
State of Alaska
My Commission Expires Aug 12, 2018
LESSEE CER TIFICA TE
l hereby certify that l am the lessee of Lot 4D, Block 7 and
Lot 2, Block 4, as shown hereon, and that I hereby approve
this subdi) sign.
I
DAVID PHILLIPS, Owner
Raibow Fiberglass and Boat Repair, LLC
P.O. BOX 2891
SEWARD, AK. 99664
NOTARY'S A CKNOWLEDGMEN T
FOR jtvi d Phillip a
ACKNOWLEDGED BEFORE ME THIS
DAY OF A jf
NOTARY FOR ALASK.
,4
, 20 10
a-4-awl
MY COMMISSION EXPIRES
FOURTH OF JUL Y CREEK SUBDIVISION
SEWARD MARINE INDUSTRIAL CENTER
RAIBOW REPLAT
A RESUBDIV/S/ON OF LOT 4A, BLOCK 7
FOURTH OF JUL Y CREEK SUBDI VISION
SEWARD MARINE INDUSTRIAL CENTER
WASHDOWN PAD REPLAT, PLAT 2014-17
AND THE REMAINDER OF BLOCK 4
FOURTH OF JUL Y CREEK SUBDI VISION
SEWARD MARINE INDUSTRIAL CENTER
COMMUNICATIONS NORTH ADDITION, PLAT 2000-6
LOCATED IN THE SW 1/4, SECTION 18
TOWNSHIP 1 SOUTH, RANGE 1 EAST, S.M., AK.
SEWARD RECORDING DISTRICT
CITY OF SEWARD
KENAI PENINSULA BOROUGH
CONTAINING 23.425 ACRES
CLINE AND A SSO CI A TES
LAND SURVEYORS
416 4th AVENUE PO BOX 2703 SEWARD, AK 99664
(907) 224-7324
DATE: 06/16/2015
SCALE.: 1 "=100'
DRAWN: WNC
F.D. BK.: 14-05
DRAWING NO.: 14-45FP
K.P.B. FILE #: 2015-042